Supreme Court Recalls Vanashakti Ruling: Fresh Lifeline for Projects Awaiting Environmental Clearance (EC)
The Supreme Court has recalled its May 2025 judgment in Vanashakti v. Union of India, which had struck down the 2017 notification and the 2021 Office Memorandum permitting ex post facto environmental clearances. That ruling had barred the Central Government from granting such clearances in the future. The Chief Justice held that the earlier judgment […]
Unilateral termination of a non-determinable agreement to sell invalid, except where the contract is itself determinable: Supreme Court Observes
In a significant ruling, the Hon’ble Supreme Court has recently interpreted the Specific Relief Act, 1963 (the “Act”), particularly in terms of S.14 of the Act. Referring to a catena of cases, the court held that a unilateral termination of an agreement to sell by one party is impermissible in law except in cases where […]
Execution of Award Cannot Be Stalled Solely Due To Pendency Of Section 37 Appeal: Supreme Court
The Supreme Court in the case of Chakardhari Sureka vs. Prem Lata Sureka through Spa & Ors., recently clarified that the execution of an arbitral award cannot be stalled merely on the ground that an appeal under Section 37 of the Arbitration and Conciliation Act is pending. The Apex court emphasised that the pendency of […]
Equity Demands Uniform Regularisation of Similarly Situated Employees In Same Establishment: Supreme Court
Recently, in Dharam Singh & Ors. v. State of U.P. & Anr., the Supreme Court underscored and preserved the principle of equity and ruled against the selective regularisation of similarly situated employees. The Court held that the State cannot extend regularisation benefits to some daily-wage workers while denying the same to others placed in identical […]
Agreement To Sell, General Power Of Attorney, And Unproven Will Do Not Confer Property Title: Reiterates Supreme Court
Recently, in Ramesh Chand (D) Thr. Lrs. v. Suresh Chand And Anr., the Supreme Court reaffirmed that the title of immovable property can only be conveyed through a registered sale deed, setting aside decisions by the Delhi High Court and Trial Court. The Apex Court underscored that documents like an agreement to sell, General Power […]
NCLT Has Jurisdiction to Examine Allegations of Fraud and Validity of Documents in Oppression & Mismanagement Cases: Clarifies Supreme Court
Recently, the Hon’ble Supreme Court of India in Mrs. Shailja Krishna vs. Satori Global Limited & Ors., held that the National Company Law Tribunal (NCLT) has jurisdiction to examine allegations of fraud and determine the validity of documents while adjudicating complaints of oppression and mismanagement under the Companies Act. In this case, the Appellant, who […]
Relinquishment of claims under Section 12(3) of the Specific Relief Act, 1963 can be made at any stage : Clarifies Supreme Court
Recently, the Hon’ble Supreme Court of India in Vijay Prabhu Vs. S.T. Lajapathie & Ors., observed that while seeking a part performance of the contract under Section 12 (3) of the Specific Relief Act, 1963 (SRA), the plea regarding the remaining part of the contract and all rights to compensation can be made at any stage of […]
Gift Deed Irrevocable, Particularly When No Right of Revocation Reserved in Deed: Observes Supreme Court
Recently, the Hon’ble Apex Court in the case of N. Thajudeen V. Tamil Nadu Khadi And Village Industries Board, while setting aside an appeal before it, explained the conditions to revoke a gift deed as per S. 126 of the Transfer of Property Act, 1882 and observed that a gift deed cannot be revoked ordinarily, particularly when […]
A Third Party, Against Whom a Sale Deed Is Void, Need Not Mandatorily Seek Its Cancellation Under Section 31 Of The Specific Relief Act, 1963: Upholds Supreme Court
In the recent case of Sukhmander Singh And Ors Etc. v. The State Of Punjab And Ors Etc., the Hon’ble Supreme Court observed that, a third person, who is not a party to the sale deed and has been affected by the execution of said sale deed between the parties, cannot be compelled to file a separate […]
Literal Interpretation of Document/ Instrument to Be Considered When Language Is Clear and Unambiguous: Upholds Supreme Court
The Apex Court, in the recent case of Kamal Kishore Sehgal (D) Thr. Lrs. & Ors. Versus Murti Devi (Dead) Thr. Lrs., held that for the purpose of interpretation of an instrument/ document where the language used therein is clear and unambiguous, only that clear expression of words shall be contemplated for the purpose of interpretation, and […]